Woman Expresses Second Thoughts About Marriage Against Family Wishes; Supreme Court Dissolves Marriage, Quashes FIR Against Husband

The Supreme Court recently dissolved a marriage exercising powers under Article 142 of the Constitution in a case of a woman who married a man against her family's wishes.

The woman's family members had lodged an FIR alleging rape and abduction against the husband. Few of the family members of the husband were also arrayed as accused in the FIR for the offence of abduction.

The man and the other accused(some of his family members) approached the High Court of Karnataka seeking to quash the case contending that the victim had voluntarily eloped with the accused(appellant no.1 before the SC). However, the High Court refused to quash the complaint taking note of the allegation of the girl that she was abducted by the accused. After this, the man and his family approached the Supreme Court.

The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh, referring to materials on record, noted that the marriage took place willingly between the accused and the woman. "It appears that things have not worked out", the bench further noted.

The Court also noted that the woman had gone away with appellant No.1 and married him on her own but later on had second thoughts on both accounts i.e. family reasons and in alleged pre-marital love affairs of appellant No.1.

"The only thing being canvassed before us is that the petitioner had some pre-marital love affairs. This can hardly be a case under Section 376, IPC.", the court said. Thus, both the accused and victim were directed to appear before the bench.

After interacting with them, the bench noted that the woman does not want to have any relationship with the man and is desirous of pursuing education and proceeding further with her life. The court said that the fact that the relationship has become completely soured is evident from the fact that the husband has also filed proceedings for divorce on the grounds of cruelty.

"We are of the view that both the parties should be permitted to proceed with their lives as they are at a young age. Both the parties are not desirous of continuing relationship while the appellant claims that the marriage took place, the respondent continues to dispute the free will of second marriage. Be that as it may, this relationship should be brought to an end.", the bench observed.

The court then, invoked its powers under Article 142 of the Constitution of India, dissolved the marriage by mutual consent. The court also quashed criminal proceedings in the FIR for rape and abduction against the husband and his family members.